Does “Sorry” Pay?
Rahul K. Shah, MD George Washington University School of Medicine, Children’s National Medical Center, Washington, DC In 2001, the University of Michigan Health System implemented a novel concept that many of us at the time considered taboo – apologizing to patients for a medical error. Many of us have recently heard of this program, and it has indeed reached national acclaim. The policy’s core concept is a full disclosure of medical error, with an offer of compensation. This program was unique from other disclosure programs in that an offer of compensation was made in addition to full disclosure and apology. The system is similar to many medical centers in that prior to 2001 it had a traditional risk liability model in an essentially closed medical staff model. In a closed system, the settlements are made in the institution’s name rather than the individual physician’s, which of course prevents reporting to the National Practitioner Data Bank. The traditional liability model for healthcare is criticized for the undue delay in receiving a settlement and because a minority of claims receive compensation. So, in addition to looking at the obvious metric of whether the settlement amounts and rates of litigation increased, the authors also studied the time to claims pay out and the proportion of claims that resulted in compensation. There are a handful of disclosure programs in place across the country, which are beyond the scope of this column. However, there are several attributes of the University of Michigan Health System’s program that are unique and perhaps transferable to other institutions. The manuscript referenced at the end of this article is certainly worth perusing to understand the impact of this policy. It perhaps may be best to take a view from 30,000 feet to attest to the merits of the full disclosure with a compensation policy. If you consider the patient/family perspective, when an error occurs, you are notified, apologized to, and amends are offered. This can be juxtaposed to the current model where the blame game begins and the patient/family many times are left uninformed and in limbo, often for many years. From an institutional perspective, it is the right thing to do from an ethical imperative. As such, this study tangentially implies that it is also in the fiduciary interest of the institution and the physician. The institution will have a lower compensation payout and significantly reduced administrative costs for handling medical errors. The physician benefits by keeping an honest relationship with the patient/family and may avoid direct reporting to the National Practitioner Data Bank. It is worth noting that during the time period of the full disclosure with compensation, there was more rapid claims resolution, lower total liability costs, reduction in administrative costs, and reduction in the claims rate. We were very fortunate at the 2010 Annual Meeting & OTO EXPO to have a miniseminar on Disclosure and Apology. This year we will be holding the miniseminar again, with a slightly different panel of experts. It will be well-worth your time to understand the national trends in disclosure and apology. This study from the University of Michigan’s system will certainly be discussed as well as the implications of its findings on the broader risk liability landscape within healthcare. Many of us have wanted to apologize and disclose a medical error. With data such as this, our case becomes compelling and assuages our concern about increasing our exposure through personal and/or institutional risk when fully disclosing errors. Reference 1. Kachalia A, Kaufman SR, Boothman R, Anderson S, Welch K, Saint S, Rogers MA. Liability claims and costs before and after implementation of a medical error disclosure program. Ann Intern Med. 2010 Aug 17;153(4):213-21. We encourage members to write us with any topic of interest, and we will try to research and discuss the issue. Members’ names are published only after they have been contacted directly by Academy staff and have given consent to the use of their names. Please email the Academy at qualityimprovement@entnet.org to engage us in a patient safety and quality discussion that is pertinent to your practice.
Rahul K. Shah, MD
George Washington University School of Medicine, Children’s National Medical Center, Washington, DC
In 2001, the University of Michigan Health System implemented a novel concept that many of us at the time considered taboo – apologizing to patients for a medical error. Many of us have recently heard of this program, and it has indeed reached national acclaim. The policy’s core concept is a full disclosure of medical error, with an offer of compensation. This program was unique from other disclosure programs in that an offer of compensation was made in addition to full disclosure and apology.
The system is similar to many medical centers in that prior to 2001 it had a traditional risk liability model in an essentially closed medical staff model. In a closed system, the settlements are made in the institution’s name rather than the individual physician’s, which of course prevents reporting to the National Practitioner Data Bank. The traditional liability model for healthcare is criticized for the undue delay in receiving a settlement and because a minority of claims receive compensation. So, in addition to looking at the obvious metric of whether the settlement amounts and rates of litigation increased, the authors also studied the time to claims pay out and the proportion of claims that resulted in compensation.
There are a handful of disclosure programs in place across the country, which are beyond the scope of this column. However, there are several attributes of the University of Michigan Health System’s program that are unique and perhaps transferable to other institutions. The manuscript referenced at the end of this article is certainly worth perusing to understand the impact of this policy.
It perhaps may be best to take a view from 30,000 feet to attest to the merits of the full disclosure with a compensation policy. If you consider the patient/family perspective, when an error occurs, you are notified, apologized to, and amends are offered. This can be juxtaposed to the current model where the blame game begins and the patient/family many times are left uninformed and in limbo, often for many years.
From an institutional perspective, it is the right thing to do from an ethical imperative. As such, this study tangentially implies that it is also in the fiduciary interest of the institution and the physician. The institution will have a lower compensation payout and significantly reduced administrative costs for handling medical errors. The physician benefits by keeping an honest relationship with the patient/family and may avoid direct reporting to the National Practitioner Data Bank.
It is worth noting that during the time period of the full disclosure with compensation, there was more rapid claims resolution, lower total liability costs, reduction in administrative costs, and reduction in the claims rate.
We were very fortunate at the 2010 Annual Meeting & OTO EXPO to have a miniseminar on Disclosure and Apology. This year we will be holding the miniseminar again, with a slightly different panel of experts. It will be well-worth your time to understand the national trends in disclosure and apology. This study from the University of Michigan’s system will certainly be discussed as well as the implications of its findings on the broader risk liability landscape within healthcare.
Many of us have wanted to apologize and disclose a medical error. With data such as this, our case becomes compelling and assuages our concern about increasing our exposure through personal and/or institutional risk when fully disclosing errors.
Reference
1. | Kachalia A, Kaufman SR, Boothman R, Anderson S, Welch K, Saint S, Rogers MA. Liability claims and costs before and after implementation of a medical error disclosure program. Ann Intern Med. 2010 Aug 17;153(4):213-21. |
We encourage members to write us with any topic of interest, and we will try to research and discuss the issue. Members’ names are published only after they have been contacted directly by Academy staff and have given consent to the use of their names. Please email the Academy at qualityimprovement@entnet.org to engage us in a patient safety and quality discussion that is pertinent to your practice.